For the purpose of this ordinance certain terms and words are hereby defined:

A.

Words used in the present tense shall include the future tense.

B.

Words in the singular number include the plural number, and words in the plural number include the singular number.

C.

The word "building" shall include the words "structure" and "premises."

D.

The word "shall" is mandatory.

E.

The word "may" is permissive.

F.

The word "person" includes a firm, organization, association, partnership, trust, company, or corporation as well as an individual.

G.

The words "used" or "occupied" include the words "intended," "designed," or "arranged" to be used or occupied.

H.

The word "lot" includes the words "plot," "tract," or "parcel."

Accessory building: A subordinate building which is incidental to and customary in connection with the principal building or use and located on the same lot.

Accessory use: A subordinate use which is incidental to and customary in connection with the principal building or use and located on the same lot.

Airport: Any area of land or water which is designed for the landing and takeoff of aircraft, or for other aviation-related purposes, whether or not facilities are provided for the shelter, servicing or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter established.

Apartment house: Same as Dwelling, multiple.

Building line: That line, between which and the street right-of-way line no building or part thereof may be erected, except as provided in these regulations.

Building official: The individual designated by the governing authority to administer and enforce the regulations of this zoning ordinance.

Basement: A story having one-half or more of its height below grade.

Bed and breakfast: A small-scale lodging facility, operated primarily as a business, with no less than four and no more than 20 rooms in an existing structure, in which paying guests are lodged on an overnight basis and where the operator lives on the premises.

Boardinghouse: Same as Roominghouse.

Building: Any structure having a roof supported by columns or walls built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery, or equipment.

Building, height of: The vertical distance from the grade (as defined herein) to the highest point of the coping of a flat roof, or to the top deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

Cellar: Same asBasement.

Church: Building used principally for religious worship, but the word "church" shall not include or mean an undertaker's chapel, funeral building, a religious educational institution or parochial school or day care center.

Clinic: A facility wherein professional services concerning personal health of humans are administered by medical doctors, dentists, chiropractors, osteopaths, optometrists, or any other such profession which may lawfully be practiced in the State of Mississippi. Persons treated shall not be lodged therein overnight.

Cluster development: A development pattern for residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.

Commission: The Planning Commission of Olive Branch, Mississippi.

Comprehensive plan: The Olive Branch, Mississippi, Comprehensive Plan.

Conditional use: A conditional use is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning districts as conditional uses, if specific provisions for such conditional uses are made in this zoning ordinance.

Condominium: The ownership of single units in a multi-unit structure with common areas and facilities.

Convenience store with fuel pumps: A small retail establishment that stocks a range of everyday items such as groceries, snack foods, soft drinks, alcoholic beverages, tobacco products, over-the-counter drugs, toiletries, newspapers and magazines and may offer ancillary dine-in or carry-out food services. Although fuel pumps are provided, the use is distinguished from a filling station or service station because it excludes vehicular repairs and service.

Country store: A neighborhood type retail service establishment or general store and filling station.

Day care center: A place which provides shelter and personal care on a regular basis for six or more children who are not related, within the third degree computed according to civil law, to the operator, for four or more hours of any part of a 24-hour day, whether such place be organized or operated for profit or not. The term "day care center" includes child care facility, kindergarten, nurseries or any other facility that falls within the scope of the definitions set forth above, regardless of auspices.

Density: The number of dwelling units per acre of gross land area.

District: A section or sections of Olive Branch for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.

Dwelling: Any building or portion thereof designed or used as the residence of one or more persons, but not including a tent, cabin, travel trailer, or a room in a hotel, motel or boardinghouse.

Dwelling, single-family attached: A dwelling designed for and occupied by not more than one family having a wall in common with one other dwelling unit but located on a separate lot.

Dwelling, single-family detached: A dwelling designed for and occupied by not more than one family which does not have any roof, wall or floor in common with any other dwelling unit.

Dwelling, two-family: A building designed for or occupied exclusively by two families living independently of each other, and being located on a single lot.

Dwelling, mobile home: A substantially complete factory-built structure transportable in one or more sections, with or without a permanent chassis and designed to be used as a dwelling when connected to required utilities.

Dwelling, multiple-family: A building designed or occupied by more than two families living independently of each other.

Dwelling unit: One room, or rooms connected together, constituting a separate, independent housekeeping establishment, for owner occupancy or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, sleeping and bathroom facilities.

Family: The term family shall mean any one of the following designations, or any combination thereof, occupying a dwelling unit and living as a single household unit: (a) an individual; or (b) two or more individuals related by blood, marriage, or adoption; or (c) a group of four or fewer persons who are not related by blood, marriage or adoption.

Farm: An area of more than ten acres located outside a recorded subdivision which is used for the growing of the usual farm products such as vegetables, fruit, trees, hay, cotton, and grain, and their storage on the area, as well as the raising thereon of the usual farm poultry and farm animals, such as horses, mules, cattle, sheep, and swine, and including dairy farms. The term "farming" includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided further that farming does not include the extraction of minerals, the feeding of collected garbage or offal to swine or other animals or intensive livestock raising, such as commercial feed lots, large batteries of rabbit hutches, or poultry lots or coops.

Farm building or structure: Any building or structure upon a farm having no dwelling facilities and constituting a necessary accessory building or structure for treating, processing, storing, and assembling of farm produce or products associated with farm production, and/or the storage and maintenance of tools and/or implements involved in normal farming activities conducted on the farm.

Filling station or service station: Any building or premises where the principal use is for the retail sale of motor vehicle fuels, oils, or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing and replacement of motors or other major parts, bodies, or fenders of motor vehicles, or painting motor vehicles. The term does not include public garages.

Flea market: Market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

Floor area: The total number of square feet of floor space within the exterior walls of a building, not including unheated space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

Floor area ratio: The floor area ratio (FAR) is a measure of the total amount of usable floor area that a building has divided by the total area of the lot on which the building stands.

Flood hazard boundary map: An official map or plot of an area, issued or approved by the Federal Insurance Administrator, on which the boundaries of the flood-prone areas having special hazards have been drawn.

Flood, 100-year: The highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year).

Floodway: The channel of a watercourse and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater of any natural stream or river.

Garage, private: An accessory building or an accessory portion of the principal building, including a carport, which is intended for and used for storing the privately owned motor vehicles, boats, and trailers of the family or families resident upon the premises, and in which no business, service or industry is carried on.

Garage, public: Any building or premises, except those used as private or storage garages, used for equipping, repairing, hiring, selling, or storing motor-driven vehicles. The term "repairing" shall not include the rebuilding, dismantling, or storage of wrecked or junked vehicles.

Garage, storage: Any building or premises, used for housing only motor-driven vehicles, other than trucks and commercial vehicles, pursuant to previous arrangements for storage and not open to transients, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired, or sold.

Governing authority: The mayor and the board of aldermen for the City of Olive Branch.

Grade: The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five feet from a road line, then the elevation of the road at the center of the wall adjoining the road shall be the grade.

Home occupation: An occupation conducted in a dwelling unit.

Homeowners association: A community association which is organized in a development in which individual owners share common interests in common property such as open space or facilities, manage and maintain the common property, and enforce certain covenants and restrictions.

Hotel: A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boardinghouse or lodging house as herein defined.

Impervious surface ratio: The impervious surface ratio (ISR) is a measure of the total amount of area of a lot that is covered by building or paved area, impervious to water percolation, divided by the total area of the lot.

Institution: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junkyard: A parcel of land upon which the principal or accessory use is the accumulation of used, discarded, or warn out materials or manufactured products, any of which may or may not be reusable or salable.

Junk car: Any motor vehicle which is obviously in such condition as to be considered inoperable on roads, highways and public streets, with value limited to scrap or a source of parts.

Kennel: An establishment where dogs or other pets are boarded for compensation or bred or raised on a commercial scale.

Loading space: Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lodging house: Same as Rooming house.

Lot: For purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on a public right-of-way, public road, public street or approved private driveway, and shall consist of a single platted lot, lot of record or a portion of a lot of record.

Lot area: The total area within the lot lines of a lot including land area within easements and excluding any street rights-of-way.

Lot frontage: The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and double frontage lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in this ordinance.

Lot, corner: A lot abutting upon two or more streets or roads at their intersection.

Lot, depth of: The mean horizontal distance between the front and rear lot lines.

Lot, double frontage: A lot having a frontage on two nonintersecting roads, as distinguished from a corner lot.

Lot lines: The property lines bounding the lot.

Lot line, front: The property line separating the lot from a street right-of-way. In the case of a corner lot, each line separating such lot from the street shall be considered a front lot line.

Lot line, rear: The lot line opposite and most distant from the front lot line of the lot. In the case of a corner lot the line opposite the front of the house or structure shall be considered the rear lot line. Exception: On some irregularly shaped lots, there may be no rear lot line identified.

Lot line, side: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is considered a front lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

Lot of record: A lot or parcel of land, the deed or plat of which has been recorded in the office of the Chancery Clerk of DeSoto County, in compliance with all regulations and ordinances of the City of Olive Branch at the time of its recording.

Lot width: The width of a lot at the building line. Buildable width is the width of lot left to be built upon after the side yards are provided. Lot width shall be measured along the arc and not the tangent if the building line is curved.

Lounge, bar or tavern: A business which serves liquor, beer, or wine to be consumed on the premises without a meal and which may also provide entertainment in the form of live or recorded music, bands, singers, piano players, dancing, floor shows and the like.

Mobile home park: A single lot area where two or more mobile homes can be or are intended to be parked, designed, or intended to be used as living facilities for two or more families.

Motel, motor court, motor lodge, or tourist court: Any building or group of buildings containing guestrooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designated, used or intended wholly or in part for the accommodation of automobile transients.

Nonconforming use: Any building or land lawfully occupied by a use at the time of passage of this ordinance or amendment thereto which does not conform after the passage of this ordinance or amendment thereto with the use regulations or dimension regulations of the district in which it is situated. Uses established after the passage of this ordinance which are in violation of this ordinance are illegal uses and shall not be given the status of nonconforming uses.

North American Industry Classification System (NAICS): The standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.

Nursing home: A home for the aged or infirm, in which three or more persons not of the immediate family are received, kept, or provided with food and shelter or care, for compensation, but not including hospitals, clinics, or similar institutions.

Parking space: An area delineated, intended for the purpose of storing one automobile and which shall be not less than nine feet wide and 20 feet long.

Patio: An uncovered area, improved with concrete, brick, or other hard surface, adjacent to a dwelling and used by occupants of the dwelling for leisure time activities but not used for vehicle parking or storage.

Permanent cosmetics: An establishment involving the application of various colors of permanent ink for lip coloring, eye liner, and various other cosmetic uses. Such establishments shall not involve the application of designs, letters, figures, symbols or other so-called "body art" upon or under the skin.

Public service facility: Any facility necessary with the operation and/or maintenance of a local governmental unit or a public utility as defined by the laws of the State of Mississippi.

Premises: A lot, together with all buildings and structures thereon.

Prefabricated building: A substantially completed permanent structure of which the structural components or subassemblies are constructed off site, transported to the site and erected on a permanent foundation.

Professional massage therapist - An individual practicing massage therapy and who is duly registered with the Mississippi State board of Massage Therapy in accordance with the Mississippi Professional Massage Therapy Act, under the provisions of Miss. Code Ann. §§ 73-67-1 through 73-67-39, as amended.

Recreational facility: A building which is totally enclosed, both with ceilings and walls, within which there is located facilities for the conduct of sports and other related recreational activities and which may include an outdoor swimming pool, or other outdoor sports facilities located directly adjacent to said enclosed facilities and which are an integral part of the main facility. Any recreational facility may also have located within the sports facilities a pro shop wherein items are sold in connection with sports and recreational activities, a nursery to care for the children of the participants, and a shop for food and drink sales for the participants located therein. A recreational facility may include gymnastics, weight training, aerobics, adult fitness classes, martial arts training, dance lessons, cheerleading training and similar exercise activities. Such facilities may also include gymnastics, indoor swimming pools, indoor handball and racquetball courts, and indoor tennis courts.

Restaurant: An establishment where complete meals are prepared, served and where beverages are customarily served to be consumed with the meal. These activities are primarily within the principal building.

Restaurant, carryout: An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.

Restaurant, drive-in: An establishment where food is sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.

Retail service truck route center: An establishment engaged in transporting goods to other business enterprises, including parking and repair of vehicles used in providing such service.

Roadside stand: A temporary structure with a floor area of not more than 400 square feet, unenclosed, or partially enclosed, and so designed and constructed that the structure is easily portable.

Rooming house: A building or place where lodging is provided (or which is equipped regularly to provide lodging by prearrangement for definite periods) for compensation for five or more, but not exceeding 12 individuals, not open to transient guests, in contradistinction to hotels open to transients including group houses and halfway houses.

Saddle clubs, stables, and riding academies: Stables for the commercial boarding of horses, including saddle clubs, riding academies, equestrian shows, youth horse camps, riding clinics, children's birthday parties, sales of tack and equipment, and the accessory sale of food at horse shows.

Senior citizen housing: A development in conformance with the Federal Housing for Older Person's Act (HOPA) that is limited by contract, covenant, or other agreement to use by individuals 55 years of age or older. For the purposes of this definition, senior citizen housing may include detached single-family uses, attached single-family uses, duplexes, townhouses or multiple-family structures, and shall be considered to include such terms as nursing home, independent living project, assisted living project, senior citizen apartment complex or retirement village.

Sexually oriented business: As defined in Chapter 18, Article V., Section 18-142, Subsection 20 of the Ordinance of the City of Olive Branch, Mississippi Regulating Adult Entertainment Establishments; And for Related Purposes, adopted on February 2, 1999.

Shopping center: A group of commercial establishments, planned, designed and developed to function as a unit, with shared off-street parking provided on the property or commercial lots. Shopping centers include multi-tenant or multi-bay retail buildings (where businesses share common walls) which may incorporate offices and restaurants.

Signs: See Sign Regulation definitions [Article VIII of this ordinance].

Story: That portion of a building, other than a basement or cellar, included between the surface of any floor and surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, half: A space under a sloping roof or in a basement in which not more than 60 percent of the floor area is finished off for use.

Street or highway: A public right-of-way which affords the principal means of access to abutting property.

Structure: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground.

Structural alteration: Any change except those required by law, that would alter the life of the supporting members of a building or structure, such as the bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other resolutions.

Tanning salons: Businesses which derive more than 50 percent of their gross income from the renting of tanning beds.

Tattoo parlor: Any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, by the aid of needles or any other instrument designed to touch or puncture the skin, except for the application of permanent cosmetics.

Terrace: Same as Patio.

Townhouse: A single-family dwelling forming one of a group or series of three or more attached single-family dwellings separated from one another by party walls without doors, windows, or other provisions for human passage or visibility through such walls from basement or cellar to roof, and having roofs which may extend from one of the dwelling units to another.

Travel park: A lot or parcel of land upon which five or more spaces are occupied or intended for occupancy by recreational vehicles designed for travel, recreation, and vacation uses.

Truck Stop: An establishment engaged primarily in the fueling, servicing, repair, or parking of tractor trucks or similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. A truck stop may also include overnight accommodations, showers, or restaurant facilities primarily for the use of truck crews.

Variance: A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

Yard: An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this ordinance.

Yard, front: A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

Yard, rear: A yard extending the full width of the lot between a main building and the rear lot line.

Yard, side: A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.

Zero lot line: A development approach in which a building is located on a lot in such a manner that one or more of the building's sides rest directly on a lot line.

(Ord. No. 11-15-22(1), § 2)